[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ House Amendment 001 ] |
92_HB0618 LRB9205114LDcs 1 AN ACT in relation to gambling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Horse Racing Act is amended by 5 changing Section 26 as follows: 6 (230 ILCS 5/26) (from Ch. 8, par. 37-26) 7 Sec. 26. Wagering. 8 (a) Any licensee may conduct and supervise the 9 pari-mutuel system of wagering, as defined in Section 3.12 of 10 this Act, on horse races conducted by an Illinois 11 organization licensee or conducted at a racetrack located in 12 another state or country and televised in Illinois in 13 accordance with subsection (g) of Section 26 of this Act. 14 Subject to the prior consent of the Board, licensees may 15 supplement any pari-mutuel pool in order to guarantee a 16 minimum distribution. Such pari-mutuel method of wagering 17 shall not, under any circumstances if conducted under the 18 provisions of this Act, be held or construed to be unlawful, 19 other statutes of this State to the contrary notwithstanding. 20 Subject to rules for advance wagering promulgated by the 21 Board, any licensee may accept wagers in advance of the day 22 of the race wagered upon occurs. 23 (b) No other method of betting, pool making, wagering or 24 gambling shall be used or permitted by the licensee. Each 25 licensee may retain, subject to the payment of all applicable 26 taxes and purses, an amount not to exceed 17% of all money 27 wagered under subsection (a) of this Section, except as may 28 otherwise be permitted under this Act. 29 (b-5) An individual may place a wager under the 30 pari-mutuel system from any licensed location authorized 31 under this Act provided that wager is electronically recorded -2- LRB9205114LDcs 1 in the manner described in Section 3.12 of this Act. Any 2 wager made electronically by an individual while physically 3 on the premises of a licensee shall be deemed to have been 4 made at the premises of that licensee. 5 (c) Until January 1, 2000, the sum held by any licensee 6 for payment of outstanding pari-mutuel tickets, if unclaimed 7 prior to December 31 of the next year, shall be retained by 8 the licensee for payment of such tickets until that date. 9 Within 10 days thereafter, the balance of such sum remaining 10 unclaimed, less any uncashed supplements contributed by such 11 licensee for the purpose of guaranteeing minimum 12 distributions of any pari-mutuel pool, shall be paid to the 13 Illinois Veterans' Rehabilitation Fund of the State treasury, 14 except as provided in subsection (g) of Section 27 of this 15 Act. 16 (c-5) Beginning January 1, 2000, the sum held by any 17 licensee for payment of outstanding pari-mutuel tickets, if 18 unclaimed prior to December 31 of the next year, shall be 19 retained by the licensee for payment of such tickets until 20 that date. Within 10 days thereafter, the balance of such 21 sum remaining unclaimed, less any uncashed supplements 22 contributed by such licensee for the purpose of guaranteeing 23 minimum distributions of any pari-mutuel pool, shall be 24 evenly distributed to the purse account of the organization 25 licensee and the organization licensee. 26 (d) A pari-mutuel ticket shall be honored until December 27 31 of the next calendar year, and the licensee shall pay the 28 same and may charge the amount thereof against unpaid money 29 similarly accumulated on account of pari-mutuel tickets not 30 presented for payment. 31 (e) No licensee shall knowingly permit any minor, other 32 than an employee of such licensee or an owner, trainer, 33 jockey, driver, or employee thereof, to be admitted during a 34 racing program unless accompanied by a parent or guardian, or -3- LRB9205114LDcs 1 any person who is not at least 21 years of age (under 18 2 years of age in the case of a person who is on active duty in 3 the United States armed services) to be a patron of the 4 pari-mutuel system of wagering conducted or supervised by it. 5 The admission of any unaccompanied minor, other than an 6 employee of the licensee or an owner, trainer, jockey, 7 driver, or employee thereof at a race track is a Class C 8 misdemeanor. 9 (f) Notwithstanding the other provisions of this Act, an 10 organization licensee may contract with an entity in another 11 state or country to permit any legal wagering entity in 12 another state or country to accept wagers solely within such 13 other state or country on races conducted by the organization 14 licensee in this State. Beginning January 1, 2000, these 15 wagers shall not be subject to State taxation. Until January 16 1, 2000, when the out-of-State entity conducts a pari-mutuel 17 pool separate from the organization licensee, a privilege tax 18 equal to 7 1/2% of all monies received by the organization 19 licensee from entities in other states or countries pursuant 20 to such contracts is imposed on the organization licensee, 21 and such privilege tax shall be remitted to the Department of 22 Revenue within 48 hours of receipt of the moneys from the 23 simulcast. When the out-of-State entity conducts a combined 24 pari-mutuel pool with the organization licensee, the tax 25 shall be 10% of all monies received by the organization 26 licensee with 25% of the receipts from this 10% tax to be 27 distributed to the county in which the race was conducted. 28 An organization licensee may permit one or more of its 29 races to be utilized for pari-mutuel wagering at one or more 30 locations in other states and may transmit audio and visual 31 signals of races the organization licensee conducts to one or 32 more locations outside the State or country and may also 33 permit pari-mutuel pools in other states or countries to be 34 combined with its gross or net wagering pools or with -4- LRB9205114LDcs 1 wagering pools established by other states. 2 (g) A host track may accept interstate simulcast wagers 3 on horse races conducted in other states or countries and 4 shall control the number of signals and types of breeds of 5 racing in its simulcast program, subject to the disapproval 6 of the Board. The Board may prohibit a simulcast program 7 only if it finds that the simulcast program is clearly 8 adverse to the integrity of racing. The host track simulcast 9 program shall include the signal of live racing of all 10 organization licensees. All non-host licensees shall carry 11 the host track simulcast program and accept wagers on all 12 races included as part of the simulcast program upon which 13 wagering is permitted. The costs and expenses of the host 14 track and non-host licensees associated with interstate 15 simulcast wagering, other than the interstate commission fee, 16 shall be borne by the host track and all non-host licensees 17 incurring these costs. The interstate commission fee shall 18 not exceed 5% of Illinois handle on the interstate simulcast 19 race or races without prior approval of the Board. The Board 20 shall promulgate rules under which it may permit interstate 21 commission fees in excess of 5%. The interstate commission 22 fee and other fees charged by the sending racetrack, 23 including, but not limited to, satellite decoder fees, shall 24 be uniformly applied to the host track and all non-host 25 licensees. 26 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an 27 intertrack wagering licensee other than the host track 28 may supplement the host track simulcast program with 29 additional simulcast races or race programs, provided 30 that between January 1 and the third Friday in February 31 of any year, inclusive, if no live thoroughbred racing is 32 occurring in Illinois during this period, only 33 thoroughbred races may be used for supplemental 34 interstate simulcast purposes. The Board shall withhold -5- LRB9205114LDcs 1 approval for a supplemental interstate simulcast only if 2 it finds that the simulcast is clearly adverse to the 3 integrity of racing. A supplemental interstate simulcast 4 may be transmitted from an intertrack wagering licensee 5 to its affiliated non-host licensees. The interstate 6 commission fee for a supplemental interstate simulcast 7 shall be paid by the non-host licensee and its affiliated 8 non-host licensees receiving the simulcast. 9 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an 10 intertrack wagering licensee other than the host track 11 may receive supplemental interstate simulcasts only with 12 the consent of the host track, except when the Board 13 finds that the simulcast is clearly adverse to the 14 integrity of racing. Consent granted under this 15 paragraph (2) to any intertrack wagering licensee shall 16 be deemed consent to all non-host licensees. The 17 interstate commission fee for the supplemental interstate 18 simulcast shall be paid by all participating non-host 19 licensees. 20 (3) Each licensee conducting interstate simulcast 21 wagering may retain, subject to the payment of all 22 applicable taxes and the purses, an amount not to exceed 23 17% of all money wagered. If any licensee conducts the 24 pari-mutuel system wagering on races conducted at 25 racetracks in another state or country, each such race or 26 race program shall be considered a separate racing day 27 for the purpose of determining the daily handle and 28 computing the privilege tax of that daily handle as 29 provided in subsection (a) of Section 27. Until January 30 1, 2000, from the sums permitted to be retained pursuant 31 to this subsection, each intertrack wagering location 32 licensee shall pay 1% of the pari-mutuel handle wagered 33 on simulcast wagering to the Horse Racing Tax Allocation 34 Fund, subject to the provisions of subparagraph (B) of -6- LRB9205114LDcs 1 paragraph (11) of subsection (h) of Section 26 of this 2 Act. 3 (4) A licensee who receives an interstate simulcast 4 may combine its gross or net pools with pools at the 5 sending racetracks pursuant to rules established by the 6 Board. All licensees combining their gross pools at a 7 sending racetrack shall adopt the take-out percentages of 8 the sending racetrack. A licensee may also establish a 9 separate pool and takeout structure for wagering purposes 10 on races conducted at race tracks outside of the State of 11 Illinois. The licensee may permit pari-mutuel wagers 12 placed in other states or countries to be combined with 13 its gross or net wagering pools or other wagering pools. 14 (5) After the payment of the interstate commission 15 fee (except for the interstate commission fee on a 16 supplemental interstate simulcast, which shall be paid by 17 the host track and by each non-host licensee through the 18 host-track) and all applicable State and local taxes, 19 except as provided in subsection (g) of Section 27 of 20 this Act, the remainder of moneys retained from simulcast 21 wagering pursuant to this subsection (g), and Section 22 26.2 shall be divided as follows: 23 (A) For interstate simulcast wagers made at a 24 host track, 50% to the host track and 50% to purses 25 at the host track. 26 (B) For wagers placed on interstate simulcast 27 races, supplemental simulcasts as defined in 28 subparagraphs (1) and (2), and separately pooled 29 races conducted outside of the State of Illinois 30 made at a non-host licensee, 25% to the host track, 31 25% to the non-host licensee, and 50% to the purses 32 at the host track. 33 (6) Notwithstanding any provision in this Act to 34 the contrary, non-host licensees who derive their -7- LRB9205114LDcs 1 licenses from a track located in a county with a 2 population in excess of 230,000 and that borders the 3 Mississippi River may receive supplemental interstate 4 simulcast races at all times subject to Board approval, 5 which shall be withheld only upon a finding that a 6 supplemental interstate simulcast is clearly adverse to 7 the integrity of racing. 8 (7) Notwithstanding any provision of this Act to 9 the contrary, after payment of all applicable State and 10 local taxes and interstate commission fees, non-host 11 licensees who derive their licenses from a track located 12 in a county with a population in excess of 230,000 and 13 that borders the Mississippi River shall retain 50% of 14 the retention from interstate simulcast wagers and shall 15 pay 50% to purses at the track from which the non-host 16 licensee derives its license as follows: 17 (A) Between January 1 and the third Friday in 18 February, inclusive, if no live thoroughbred racing 19 is occurring in Illinois during this period, when 20 the interstate simulcast is a standardbred race, the 21 purse share to its standardbred purse account; 22 (B) Between January 1 and the third Friday in 23 February, inclusive, if no live thoroughbred racing 24 is occurring in Illinois during this period, and the 25 interstate simulcast is a thoroughbred race, the 26 purse share to its interstate simulcast purse pool 27 to be distributed under paragraph (10) of this 28 subsection (g); 29 (C) Between January 1 and the third Friday in 30 February, inclusive, if live thoroughbred racing is 31 occurring in Illinois, between 6:30 a.m. and 6:30 32 p.m. the purse share from wagers made during this 33 time period to its thoroughbred purse account and 34 between 6:30 p.m. and 6:30 a.m. the purse share from -8- LRB9205114LDcs 1 wagers made during this time period to its 2 standardbred purse accounts; 3 (D) Between the third Saturday in February and 4 December 31, when the interstate simulcast occurs 5 between the hours of 6:30 a.m. and 6:30 p.m., the 6 purse share to its thoroughbred purse account; 7 (E) Between the third Saturday in February and 8 December 31, when the interstate simulcast occurs 9 between the hours of 6:30 p.m. and 6:30 a.m., the 10 purse share to its standardbred purse account. 11 (8) Notwithstanding any provision in this Act to 12 the contrary, an organization licensee from a track 13 located in a county with a population in excess of 14 230,000 and that borders the Mississippi River and its 15 affiliated non-host licensees shall not be entitled to 16 share in any retention generated on racing, inter-track 17 wagering, or simulcast wagering at any other Illinois 18 wagering facility. 19 (8.1) Notwithstanding any provisions in this Act to 20 the contrary, if 2 organization licensees are conducting 21 standardbred race meetings concurrently between the hours 22 of 6:30 p.m. and 6:30 a.m., after payment of all 23 applicable State and local taxes and interstate 24 commission fees, the remainder of the amount retained 25 from simulcast wagering otherwise attributable to the 26 host track and to host track purses shall be split daily 27 between the 2 organization licensees and the purses at 28 the tracks of the 2 organization licensees, respectively, 29 based on each organization licensee's share of the total 30 live handle for that day, provided that this provision 31 shall not apply to any non-host licensee that derives its 32 license from a track located in a county with a 33 population in excess of 230,000 and that borders the 34 Mississippi River. -9- LRB9205114LDcs 1 (9) (Blank). 2 (10) (Blank). 3 (11) (Blank). 4 (12) The Board shall have authority to compel all 5 host tracks to receive the simulcast of any or all races 6 conducted at the Springfield or DuQuoin State fairgrounds 7 and include all such races as part of their simulcast 8 programs. 9 (13) Notwithstanding any other provision of this 10 Act, in the event that the total Illinois pari-mutuel 11 handle on Illinois horse races at all wagering facilities 12 in any calendar year is less than 75% of the total 13 Illinois pari-mutuel handle on Illinois horse races at 14 all such wagering facilities for calendar year 1994, then 15 each wagering facility that has an annual total Illinois 16 pari-mutuel handle on Illinois horse races that is less 17 than 75% of the total Illinois pari-mutuel handle on 18 Illinois horse races at such wagering facility for 19 calendar year 1994, shall be permitted to receive, from 20 any amount otherwise payable to the purse account at the 21 race track with which the wagering facility is affiliated 22 in the succeeding calendar year, an amount equal to 2% of 23 the differential in total Illinois pari-mutuel handle on 24 Illinois horse races at the wagering facility between 25 that calendar year in question and 1994 provided, 26 however, that a wagering facility shall not be entitled 27 to any such payment until the Board certifies in writing 28 to the wagering facility the amount to which the wagering 29 facility is entitled and a schedule for payment of the 30 amount to the wagering facility, based on: (i) the racing 31 dates awarded to the race track affiliated with the 32 wagering facility during the succeeding year; (ii) the 33 sums available or anticipated to be available in the 34 purse account of the race track affiliated with the -10- LRB9205114LDcs 1 wagering facility for purses during the succeeding year; 2 and (iii) the need to ensure reasonable purse levels 3 during the payment period. The Board's certification 4 shall be provided no later than January 31 of the 5 succeeding year. In the event a wagering facility 6 entitled to a payment under this paragraph (13) is 7 affiliated with a race track that maintains purse 8 accounts for both standardbred and thoroughbred racing, 9 the amount to be paid to the wagering facility shall be 10 divided between each purse account pro rata, based on the 11 amount of Illinois handle on Illinois standardbred and 12 thoroughbred racing respectively at the wagering facility 13 during the previous calendar year. Annually, the General 14 Assembly shall appropriate sufficient funds from the 15 General Revenue Fund to the Department of Agriculture for 16 payment into the thoroughbred and standardbred horse 17 racing purse accounts at Illinois pari-mutuel tracks. 18 The amount paid to each purse account shall be the amount 19 certified by the Illinois Racing Board in January to be 20 transferred from each account to each eligible racing 21 facility in accordance with the provisions of this 22 Section. 23 (h) The Board may approve and license the conduct of 24 inter-track wagering and simulcast wagering by inter-track 25 wagering licensees and inter-track wagering location 26 licensees subject to the following terms and conditions: 27 (1) Any person licensed to conduct a race meeting 28 at a track where 60 or more days of racing were conducted 29 during the immediately preceding calendar year or where 30 over the 5 immediately preceding calendar years an 31 average of 30 or more days of racing were conducted 32 annually or at a track located in a county that is 33 bounded by the Mississippi River, which has a population 34 of less than 150,000 according to the 1990 decennial -11- LRB9205114LDcs 1 census, and an average of at least 60 days of racing per 2 year between 1985 and 1993 may be issued an inter-track 3 wagering license. Any such person having operating 4 control of the racing facility may also receive up to 6 5 inter-track wagering location licenses. In no event shall 6 more than 6 inter-track wagering locations be established 7 for each eligible race track, except that an eligible 8 race track located in a county that has a population of 9 more than 230,000 and that is bounded by the Mississippi 10 River may establish up to 7 inter-track wagering 11 locations. An application for said license shall be filed 12 with the Board prior to such dates as may be fixed by the 13 Board. With an application for an inter-track wagering 14 location license there shall be delivered to the Board a 15 certified check or bank draft payable to the order of the 16 Board for an amount equal to $500. The application shall 17 be on forms prescribed and furnished by the Board. The 18 application shall comply with all other rules, 19 regulations and conditions imposed by the Board in 20 connection therewith. 21 (2) The Board shall examine the applications with 22 respect to their conformity with this Act and the rules 23 and regulations imposed by the Board. If found to be in 24 compliance with the Act and rules and regulations of the 25 Board, the Board may then issue a license to conduct 26 inter-track wagering and simulcast wagering to such 27 applicant. All such applications shall be acted upon by 28 the Board at a meeting to be held on such date as may be 29 fixed by the Board. 30 (3) In granting licenses to conduct inter-track 31 wagering and simulcast wagering, the Board shall give due 32 consideration to the best interests of the public, of 33 horse racing, and of maximizing revenue to the State. 34 (4) Prior to the issuance of a license to conduct -12- LRB9205114LDcs 1 inter-track wagering and simulcast wagering, the 2 applicant shall file with the Board a bond payable to the 3 State of Illinois in the sum of $50,000, executed by the 4 applicant and a surety company or companies authorized to 5 do business in this State, and conditioned upon (i) the 6 payment by the licensee of all taxes due under Section 27 7 or 27.1 and any other monies due and payable under this 8 Act, and (ii) distribution by the licensee, upon 9 presentation of the winning ticket or tickets, of all 10 sums payable to the patrons of pari-mutuel pools. 11 (5) Each license to conduct inter-track wagering 12 and simulcast wagering shall specify the person to whom 13 it is issued, the dates on which such wagering is 14 permitted, and the track or location where the wagering 15 is to be conducted. 16 (6) All wagering under such license is subject to 17 this Act and to the rules and regulations from time to 18 time prescribed by the Board, and every such license 19 issued by the Board shall contain a recital to that 20 effect. 21 (7) An inter-track wagering licensee or inter-track 22 wagering location licensee may accept wagers at the track 23 or location where it is licensed, or as otherwise 24 provided under this Act. 25 (8) Inter-track wagering or simulcast wagering 26 shall not be conducted at any track less than 5 miles 27 from a track at which a racing meeting is in progress. 28 (8.1) Inter-track wagering location licensees who 29 derive their licenses from a particular organization 30 licensee shall conduct inter-track wagering and simulcast 31 wagering only at locations which are either within 90 32 miles of that race track where the particular 33 organization licensee is licensed to conduct racing, or 34 within 135 miles of that race track where the particular -13- LRB9205114LDcs 1 organization licensee is licensed to conduct racing in 2 the case of race tracks in counties of less than 400,000 3 that were operating on or before June 1, 1986. However, 4 inter-track wagering and simulcast wagering shall not be 5 conducted by those licensees at any location within 5 6 miles of any race track at which a horse race meeting has 7 been licensed in the current year, unless the person 8 having operating control of such race track has given its 9 written consent to such inter-track wagering location 10 licensees, which consent must be filed with the Board at 11 or prior to the time application is made. 12 (8.2) Inter-track wagering or simulcast wagering 13 shall not be conducted by an inter-track wagering 14 location licensee at any location within 500 feet of an 15 existing church or existing school, nor within 500 feet 16 of the residences of more than 50 registered voters 17 without receiving written permission from a majority of 18 the registered voters at such residences. Such written 19 permission statements shall be filed with the Board. The 20 distance of 500 feet shall be measured to the nearest 21 part of any building used for worship services, education 22 programs, residential purposes, or conducting inter-track 23 wagering by an inter-track wagering location licensee, 24 and not to property boundaries. However, inter-track 25 wagering or simulcast wagering may be conducted at a site 26 within 500 feet of a church, school or residences of 50 27 or more registered voters if such church, school or 28 residences have been erected or established, or such 29 voters have been registered, after the Board issues the 30 original inter-track wagering location license at the 31 site in question. Inter-track wagering location licensees 32 may conduct inter-track wagering and simulcast wagering 33 only in areas that are zoned for commercial or 34 manufacturing purposes or in areas for which a special -14- LRB9205114LDcs 1 use has been approved by the local zoning authority. 2 However, no license to conduct inter-track wagering and 3 simulcast wagering shall be granted by the Board with 4 respect to any inter-track wagering location within the 5 jurisdiction of any local zoning authority which has, by 6 ordinance or by resolution, prohibited the establishment 7 of an inter-track wagering location within its 8 jurisdiction. However, inter-track wagering and 9 simulcast wagering may be conducted at a site if such 10 ordinance or resolution is enacted after the Board 11 licenses the original inter-track wagering location 12 licensee for the site in question. 13 (9) (Blank). 14 (10) An inter-track wagering licensee or an 15 inter-track wagering location licensee may retain, 16 subject to the payment of the privilege taxes and the 17 purses, an amount not to exceed 17% of all money wagered. 18 Each program of racing conducted by each inter-track 19 wagering licensee or inter-track wagering location 20 licensee shall be considered a separate racing day for 21 the purpose of determining the daily handle and computing 22 the privilege tax or pari-mutuel tax on such daily handle 23 as provided in Section 27. 24 (10.1) Except as provided in subsection (g) of 25 Section 27 of this Act, inter-track wagering location 26 licensees shall pay 1% of the pari-mutuel handle at each 27 location to the municipality in which such location is 28 situated and 1% of the pari-mutuel handle at each 29 location to the county in which such location is 30 situated. In the event that an inter-track wagering 31 location licensee is situated in an unincorporated area 32 of a county, such licensee shall pay 2% of the 33 pari-mutuel handle from such location to such county. 34 (10.2) Notwithstanding any other provision of this -15- LRB9205114LDcs 1 Act, with respect to intertrack wagering at a race track 2 located in a county that has a population of more than 3 230,000 and that is bounded by the Mississippi River 4 ("the first race track"), or at a facility operated by an 5 inter-track wagering licensee or inter-track wagering 6 location licensee that derives its license from the 7 organization licensee that operates the first race track, 8 on races conducted at the first race track or on races 9 conducted at another Illinois race track and 10 simultaneously televised to the first race track or to a 11 facility operated by an inter-track wagering licensee or 12 inter-track wagering location licensee that derives its 13 license from the organization licensee that operates the 14 first race track, those moneys shall be allocated as 15 follows: 16 (A) That portion of all moneys wagered on 17 standardbred racing that is required under this Act 18 to be paid to purses shall be paid to purses for 19 standardbred races. 20 (B) That portion of all moneys wagered on 21 thoroughbred racing that is required under this Act 22 to be paid to purses shall be paid to purses for 23 thoroughbred races. 24 (11) (A) After payment of the privilege or 25 pari-mutuel tax, any other applicable taxes, and the 26 costs and expenses in connection with the gathering, 27 transmission, and dissemination of all data necessary to 28 the conduct of inter-track wagering, the remainder of the 29 monies retained under either Section 26 or Section 26.2 30 of this Act by the inter-track wagering licensee on 31 inter-track wagering shall be allocated with 50% to be 32 split between the 2 participating licensees and 50% to 33 purses, except that an intertrack wagering licensee that 34 derives its license from a track located in a county with -16- LRB9205114LDcs 1 a population in excess of 230,000 and that borders the 2 Mississippi River shall not divide any remaining 3 retention with the Illinois organization licensee that 4 provides the race or races, and an intertrack wagering 5 licensee that accepts wagers on races conducted by an 6 organization licensee that conducts a race meet in a 7 county with a population in excess of 230,000 and that 8 borders the Mississippi River shall not divide any 9 remaining retention with that organization licensee. 10 (B) From the sums permitted to be retained pursuant 11 to this Act each inter-track wagering location licensee 12 shall pay (i) the privilege or pari-mutuel tax to the 13 State; (ii) 4.75% of the pari-mutuel handle on intertrack 14 wagering at such location on races as purses, except that 15 an intertrack wagering location licensee that derives its 16 license from a track located in a county with a 17 population in excess of 230,000 and that borders the 18 Mississippi River shall retain all purse moneys for its 19 own purse account consistent with distribution set forth 20 in this subsection (h), and intertrack wagering location 21 licensees that accept wagers on races conducted by an 22 organization licensee located in a county with a 23 population in excess of 230,000 and that borders the 24 Mississippi River shall distribute all purse moneys to 25 purses at the operating host track; (iii) until January 26 1, 2000, except as provided in subsection (g) of Section 27 27 of this Act, 1% of the pari-mutuel handle wagered on 28 inter-track wagering and simulcast wagering at each 29 inter-track wagering location licensee facility to the 30 Horse Racing Tax Allocation Fund, provided that, to the 31 extent the total amount collected and distributed to the 32 Horse Racing Tax Allocation Fund under this subsection 33 (h) during any calendar year exceeds the amount collected 34 and distributed to the Horse Racing Tax Allocation Fund -17- LRB9205114LDcs 1 during calendar year 1994, that excess amount shall be 2 redistributed (I) to all inter-track wagering location 3 licensees, based on each licensee's pro-rata share of the 4 total handle from inter-track wagering and simulcast 5 wagering for all inter-track wagering location licensees 6 during the calendar year in which this provision is 7 applicable; then (II) the amounts redistributed to each 8 inter-track wagering location licensee as described in 9 subpart (I) shall be further redistributed as provided in 10 subparagraph (B) of paragraph (5) of subsection (g) of 11 this Section 26 provided first, that the shares of those 12 amounts, which are to be redistributed to the host track 13 or to purses at the host track under subparagraph (B) of 14 paragraph (5) of subsection (g) of this Section 26 shall 15 be redistributed based on each host track's pro rata 16 share of the total inter-track wagering and simulcast 17 wagering handle at all host tracks during the calendar 18 year in question, and second, that any amounts 19 redistributed as described in part (I) to an inter-track 20 wagering location licensee that accepts wagers on races 21 conducted by an organization licensee that conducts a 22 race meet in a county with a population in excess of 23 230,000 and that borders the Mississippi River shall be 24 further redistributed as provided in subparagraphs (D) 25 and (E) of paragraph (7) of subsection (g) of this 26 Section 26, with the portion of that further 27 redistribution allocated to purses at that organization 28 licensee to be divided between standardbred purses and 29 thoroughbred purses based on the amounts otherwise 30 allocated to purses at that organization licensee during 31 the calendar year in question; and (iv) 8% of the 32 pari-mutuel handle on inter-track wagering wagered at 33 such location to satisfy all costs and expenses of 34 conducting its wagering. The remainder of the monies -18- LRB9205114LDcs 1 retained by the inter-track wagering location licensee 2 shall be allocated 40% to the location licensee and 60% 3 to the organization licensee which provides the Illinois 4 races to the location, except that an intertrack wagering 5 location licensee that derives its license from a track 6 located in a county with a population in excess of 7 230,000 and that borders the Mississippi River shall not 8 divide any remaining retention with the organization 9 licensee that provides the race or races and an 10 intertrack wagering location licensee that accepts wagers 11 on races conducted by an organization licensee that 12 conducts a race meet in a county with a population in 13 excess of 230,000 and that borders the Mississippi River 14 shall not divide any remaining retention with the 15 organization licensee. Notwithstanding the provisions of 16 clauses (ii) and (iv) of this paragraph, in the case of 17 the additional inter-track wagering location licenses 18 authorized under paragraph (1) of this subsection (h) by 19 this amendatory Act of 1991, those licensees shall pay 20 the following amounts as purses: during the first 12 21 months the licensee is in operation, 5.25% of the 22 pari-mutuel handle wagered at the location on races; 23 during the second 12 months, 5.25%; during the third 12 24 months, 5.75%; during the fourth 12 months, 6.25%; and 25 during the fifth 12 months and thereafter, 6.75%. The 26 following amounts shall be retained by the licensee to 27 satisfy all costs and expenses of conducting its 28 wagering: during the first 12 months the licensee is in 29 operation, 8.25% of the pari-mutuel handle wagered at the 30 location; during the second 12 months, 8.25%; during the 31 third 12 months, 7.75%; during the fourth 12 months, 32 7.25%; and during the fifth 12 months and thereafter, 33 6.75%. For additional intertrack wagering location 34 licensees authorized under this amendatory Act of 1995, -19- LRB9205114LDcs 1 purses for the first 12 months the licensee is in 2 operation shall be 5.75% of the pari-mutuel wagered at 3 the location, purses for the second 12 months the 4 licensee is in operation shall be 6.25%, and purses 5 thereafter shall be 6.75%. For additional intertrack 6 location licensees authorized under this amendatory Act 7 of 1995, the licensee shall be allowed to retain to 8 satisfy all costs and expenses: 7.75% of the pari-mutuel 9 handle wagered at the location during its first 12 months 10 of operation, 7.25% during its second 12 months of 11 operation, and 6.75% thereafter. 12 (C) There is hereby created the Horse Racing Tax 13 Allocation Fund which shall remain in existence until 14 December 31, 1999. Moneys remaining in the Fund after 15 December 31, 1999 shall be paid into the General Revenue 16 Fund. Until January 1, 2000, all monies paid into the 17 Horse Racing Tax Allocation Fund pursuant to this 18 paragraph (11) by inter-track wagering location licensees 19 located in park districts of 500,000 population or less, 20 or in a municipality that is not included within any park 21 district but is included within a conservation district 22 and is the county seat of a county that (i) is contiguous 23 to the state of Indiana and (ii) has a 1990 population of 24 88,257 according to the United States Bureau of the 25 Census, and operating on May 1, 1994 shall be allocated 26 by appropriation as follows: 27 Two-sevenths to the Department of Agriculture. 28 Fifty percent of this two-sevenths shall be used to 29 promote the Illinois horse racing and breeding 30 industry, and shall be distributed by the Department 31 of Agriculture upon the advice of a 9-member 32 committee appointed by the Governor consisting of 33 the following members: the Director of Agriculture, 34 who shall serve as chairman; 2 representatives of -20- LRB9205114LDcs 1 organization licensees conducting thoroughbred race 2 meetings in this State, recommended by those 3 licensees; 2 representatives of organization 4 licensees conducting standardbred race meetings in 5 this State, recommended by those licensees; a 6 representative of the Illinois Thoroughbred Breeders 7 and Owners Foundation, recommended by that 8 Foundation; a representative of the Illinois 9 Standardbred Owners and Breeders Association, 10 recommended by that Association; a representative of 11 the Horsemen's Benevolent and Protective Association 12 or any successor organization thereto established in 13 Illinois comprised of the largest number of owners 14 and trainers, recommended by that Association or 15 that successor organization; and a representative of 16 the Illinois Harness Horsemen's Association, 17 recommended by that Association. Committee members 18 shall serve for terms of 2 years, commencing January 19 1 of each even-numbered year. If a representative 20 of any of the above-named entities has not been 21 recommended by January 1 of any even-numbered year, 22 the Governor shall appoint a committee member to 23 fill that position. Committee members shall receive 24 no compensation for their services as members but 25 shall be reimbursed for all actual and necessary 26 expenses and disbursements incurred in the 27 performance of their official duties. The remaining 28 50% of this two-sevenths shall be distributed to 29 county fairs for premiums and rehabilitation as set 30 forth in the Agricultural Fair Act; 31 Four-sevenths to park districts or 32 municipalities that do not have a park district of 33 500,000 population or less for museum purposes (if 34 an inter-track wagering location licensee is located -21- LRB9205114LDcs 1 in such a park district) or to conservation 2 districts for museum purposes (if an inter-track 3 wagering location licensee is located in a 4 municipality that is not included within any park 5 district but is included within a conservation 6 district and is the county seat of a county that (i) 7 is contiguous to the state of Indiana and (ii) has a 8 1990 population of 88,257 according to the United 9 States Bureau of the Census, except that if the 10 conservation district does not maintain a museum, 11 the monies shall be allocated equally between the 12 county and the municipality in which the inter-track 13 wagering location licensee is located for general 14 purposes) or to a municipal recreation board for 15 park purposes (if an inter-track wagering location 16 licensee is located in a municipality that is not 17 included within any park district and park 18 maintenance is the function of the municipal 19 recreation board and the municipality has a 1990 20 population of 9,302 according to the United States 21 Bureau of the Census); provided that the monies are 22 distributed to each park district or conservation 23 district or municipality that does not have a park 24 district in an amount equal to four-sevenths of the 25 amount collected by each inter-track wagering 26 location licensee within the park district or 27 conservation district or municipality for the Fund. 28 Monies that were paid into the Horse Racing Tax 29 Allocation Fund before the effective date of this 30 amendatory Act of 1991 by an inter-track wagering 31 location licensee located in a municipality that is 32 not included within any park district but is 33 included within a conservation district as provided 34 in this paragraph shall, as soon as practicable -22- LRB9205114LDcs 1 after the effective date of this amendatory Act of 2 1991, be allocated and paid to that conservation 3 district as provided in this paragraph. Any park 4 district or municipality not maintaining a museum 5 may deposit the monies in the corporate fund of the 6 park district or municipality where the inter-track 7 wagering location is located, to be used for general 8 purposes; and 9 One-seventh to the Agricultural Premium Fund to 10 be used for distribution to agricultural home 11 economics extension councils in accordance with "An 12 Act in relation to additional support and finances 13 for the Agricultural and Home Economic Extension 14 Councils in the several counties of this State and 15 making an appropriation therefor", approved July 24, 16 1967. 17 Until January 1, 2000, all other monies paid into 18 the Horse Racing Tax Allocation Fund pursuant to this 19 paragraph (11) shall be allocated by appropriation as 20 follows: 21 Two-sevenths to the Department of Agriculture. 22 Fifty percent of this two-sevenths shall be used to 23 promote the Illinois horse racing and breeding 24 industry, and shall be distributed by the Department 25 of Agriculture upon the advice of a 9-member 26 committee appointed by the Governor consisting of 27 the following members: the Director of Agriculture, 28 who shall serve as chairman; 2 representatives of 29 organization licensees conducting thoroughbred race 30 meetings in this State, recommended by those 31 licensees; 2 representatives of organization 32 licensees conducting standardbred race meetings in 33 this State, recommended by those licensees; a 34 representative of the Illinois Thoroughbred Breeders -23- LRB9205114LDcs 1 and Owners Foundation, recommended by that 2 Foundation; a representative of the Illinois 3 Standardbred Owners and Breeders Association, 4 recommended by that Association; a representative of 5 the Horsemen's Benevolent and Protective Association 6 or any successor organization thereto established in 7 Illinois comprised of the largest number of owners 8 and trainers, recommended by that Association or 9 that successor organization; and a representative of 10 the Illinois Harness Horsemen's Association, 11 recommended by that Association. Committee members 12 shall serve for terms of 2 years, commencing January 13 1 of each even-numbered year. If a representative 14 of any of the above-named entities has not been 15 recommended by January 1 of any even-numbered year, 16 the Governor shall appoint a committee member to 17 fill that position. Committee members shall receive 18 no compensation for their services as members but 19 shall be reimbursed for all actual and necessary 20 expenses and disbursements incurred in the 21 performance of their official duties. The remaining 22 50% of this two-sevenths shall be distributed to 23 county fairs for premiums and rehabilitation as set 24 forth in the Agricultural Fair Act; 25 Four-sevenths to museums and aquariums located 26 in park districts of over 500,000 population; 27 provided that the monies are distributed in 28 accordance with the previous year's distribution of 29 the maintenance tax for such museums and aquariums 30 as provided in Section 2 of the Park District 31 Aquarium and Museum Act; and 32 One-seventh to the Agricultural Premium Fund to 33 be used for distribution to agricultural home 34 economics extension councils in accordance with "An -24- LRB9205114LDcs 1 Act in relation to additional support and finances 2 for the Agricultural and Home Economic Extension 3 Councils in the several counties of this State and 4 making an appropriation therefor", approved July 24, 5 1967. This subparagraph (C) shall be inoperative and 6 of no force and effect on and after January 1, 2000. 7 (D) Except as provided in paragraph (11) of 8 this subsection (h), with respect to purse 9 allocation from intertrack wagering, the monies so 10 retained shall be divided as follows: 11 (i) If the inter-track wagering licensee, 12 except an intertrack wagering licensee that 13 derives its license from an organization 14 licensee located in a county with a population 15 in excess of 230,000 and bounded by the 16 Mississippi River, is not conducting its own 17 race meeting during the same dates, then the 18 entire purse allocation shall be to purses at 19 the track where the races wagered on are being 20 conducted. 21 (ii) If the inter-track wagering 22 licensee, except an intertrack wagering 23 licensee that derives its license from an 24 organization licensee located in a county with 25 a population in excess of 230,000 and bounded 26 by the Mississippi River, is also conducting 27 its own race meeting during the same dates, 28 then the purse allocation shall be as follows: 29 50% to purses at the track where the races 30 wagered on are being conducted; 50% to purses 31 at the track where the inter-track wagering 32 licensee is accepting such wagers. 33 (iii) If the inter-track wagering is 34 being conducted by an inter-track wagering -25- LRB9205114LDcs 1 location licensee, except an intertrack 2 wagering location licensee that derives its 3 license from an organization licensee located 4 in a county with a population in excess of 5 230,000 and bounded by the Mississippi River, 6 the entire purse allocation for Illinois races 7 shall be to purses at the track where the race 8 meeting being wagered on is being held. 9 (12) The Board shall have all powers necessary and 10 proper to fully supervise and control the conduct of 11 inter-track wagering and simulcast wagering by 12 inter-track wagering licensees and inter-track wagering 13 location licensees, including, but not limited to the 14 following: 15 (A) The Board is vested with power to 16 promulgate reasonable rules and regulations for the 17 purpose of administering the conduct of this 18 wagering and to prescribe reasonable rules, 19 regulations and conditions under which such wagering 20 shall be held and conducted. Such rules and 21 regulations are to provide for the prevention of 22 practices detrimental to the public interest and for 23 the best interests of said wagering and to impose 24 penalties for violations thereof. 25 (B) The Board, and any person or persons to 26 whom it delegates this power, is vested with the 27 power to enter the facilities of any licensee to 28 determine whether there has been compliance with the 29 provisions of this Act and the rules and regulations 30 relating to the conduct of such wagering. 31 (C) The Board, and any person or persons to 32 whom it delegates this power, may eject or exclude 33 from any licensee's facilities, any person whose 34 conduct or reputation is such that his presence on -26- LRB9205114LDcs 1 such premises may, in the opinion of the Board, call 2 into the question the honesty and integrity of, or 3 interfere with the orderly conduct of such wagering; 4 provided, however, that no person shall be excluded 5 or ejected from such premises solely on the grounds 6 of race, color, creed, national origin, ancestry, or 7 sex. 8 (D) (Blank). 9 (E) The Board is vested with the power to 10 appoint delegates to execute any of the powers 11 granted to it under this Section for the purpose of 12 administering this wagering and any rules and 13 regulations promulgated in accordance with this Act. 14 (F) The Board shall name and appoint a State 15 director of this wagering who shall be a 16 representative of the Board and whose duty it shall 17 be to supervise the conduct of inter-track wagering 18 as may be provided for by the rules and regulations 19 of the Board; such rules and regulation shall 20 specify the method of appointment and the Director's 21 powers, authority and duties. 22 (G) The Board is vested with the power to 23 impose civil penalties of up to $5,000 against 24 individuals and up to $10,000 against licensees for 25 each violation of any provision of this Act relating 26 to the conduct of this wagering, any rules adopted 27 by the Board, any order of the Board or any other 28 action which in the Board's discretion, is a 29 detriment or impediment to such wagering. 30 (13) The Department of Agriculture may enter into 31 agreements with licensees authorizing such licensees to 32 conduct inter-track wagering on races to be held at the 33 licensed race meetings conducted by the Department of 34 Agriculture. Such agreement shall specify the races of -27- LRB9205114LDcs 1 the Department of Agriculture's licensed race meeting 2 upon which the licensees will conduct wagering. In the 3 event that a licensee conducts inter-track pari-mutuel 4 wagering on races from the Illinois State Fair or DuQuoin 5 State Fair which are in addition to the licensee's 6 previously approved racing program, those races shall be 7 considered a separate racing day for the purpose of 8 determining the daily handle and computing the privilege 9 or pari-mutuel tax on that daily handle as provided in 10 Sections 27 and 27.1. Such agreements shall be approved 11 by the Board before such wagering may be conducted. In 12 determining whether to grant approval, the Board shall 13 give due consideration to the best interests of the 14 public and of horse racing. The provisions of paragraphs 15 (1), (8), (8.1), and (8.2) of subsection (h) of this 16 Section which are not specified in this paragraph (13) 17 shall not apply to licensed race meetings conducted by 18 the Department of Agriculture at the Illinois State Fair 19 in Sangamon County or the DuQuoin State Fair in Perry 20 County, or to any wagering conducted on those race 21 meetings. 22 (i) Notwithstanding the other provisions of this Act, 23 the conduct of wagering at wagering facilities is authorized 24 on all days, except as limited by subsection (b) of Section 25 19 of this Act. 26 (Source: P.A. 91-40, eff. 6-25-99.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.